PGA National Club Championship - Liability Release and Tournament Participation Terms
I UNDERSTAND that this application shall be subject to acceptance by The Professional Golfers’ Association of America and Nextgengolf, Inc. (the “Host Entities”) before I and/or any minor participant for whom I am the authorized parent/legal guardian shall be eligible to participate in the PGA National Club Championship event (the “Event”) as an amateur contestant; that it shall stand as and for my and any such minor participant’s entry(ies) in said Event in the event of such acceptance; and that my said entry and/or that of such minor participant may be rejected or revoked at any time hereafter by the Host Entities, either before or after the start of play of the Event, without liability or obligation from the Host Entities, and that, in such event, I and/or such minor participant shall not be eligible to play or continue to play therein, as the case may be, or to participate in any prizes resulting from the completion of the Event. I understand and agree that I and/or any minor participant must wear spikeless golf shoes during the Event.
I FURTHER UNDERSTAND and agree that:
• If, in the judgment of the Event Director and/or their designee, any condition or occurrence renders commencement or continuance of the Event unsafe or impractical, the Event may be delayed, postponed, shortened or cancelled, as deemed appropriate by the Event Director or their designee, and, the Host Entities shall have no obligation to refund any portion of the entry fee remitted herewith by reason of any such delay, shortening, postponement, rescheduling or cancellation;
• On behalf of myself and any minor participant for whom I am the authorized parent/legal guardian and all of my/our respective heirs, assigns, executors, personal representatives and next of kin, I hereby assume all risk and danger incidental to the game of golf and my/our participation in the Event and related activities, and release and discharge the Host Entities and their respective affiliates, subsidiaries, officers, directors, employees, agents, representatives, volunteers, members and sponsors (collectively, the “Released Parties”) from any and all liability, claims, demands or causes of action arising from all known and unknown causes and obvious and hidden conditions, including, but not limited to, injuries resulting from being struck by misdirected golf balls and/or falls on the course and surrounding areas, sickness (including illness and other risks of exposure to COVID-19, or any other infectious or communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), disability or death;
• An inherent risk of exposure to COVID-19 exists in any public place where people are present, including those with or without masks and additional personal protective equipment (“PPE”) or improperly using masks or PPE. COVID-19 is an extremely contagious virus that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and those with underlying medical conditions are especially vulnerable. By participating in the Event, all participants voluntarily assume all risks related to exposure to COVID-19, including but not limited to exposure to carriers of the virus who do not have symptoms of COVID-19 and/or other participants transmitting the COVID-19 virus to others during or after the Event. Participation in the Event as to all players shall require full compliance with any and all safety measures and protocols which may be implemented and required by the Host Entities with respect to infectious/communicable disease(s) including, but not limited to, COVID-19 in advance of and at the time of play;
• The Released Parties will not maintain insurance which will cover me or any minor participant for whom I am the authorized parent/legal guardian for either personal injury, property damage or medical expenses, and I accept full responsibility for the costs of treatment for any injury or damages suffered as a result of the conduct released herein while I, and any minor participant for whom I am the authorized parent/legal guardian, is participating as a participant in connection with the Event;
• On behalf of myself and on behalf of any minors participating in or accompanying me to the Event, I hereby grant the Released Parties, and any of their authorized third parties, with no obligation to compensate me, the irrevocable, transferable, perpetual right and license to use my (our) name, voice, statements, image, likeness and/or actions recorded or captured in connection with the Event for any purpose and in any medium (whether now known or hereafter created) without any obligation to review or seek approval of a particular use;
• I and any minor participant for whom I am the authorized parent/legal guardian will abide by and be governed by the Event Regulations then currently in effect, as such shall be determined by the Host Entities, and by any applicable rules of eligibility, subject to any modifications thereto approved by the Host Entities;
• I agree, on behalf of myself and any minor participant for whom I am the authorized parent/legal guardian, (i) to conduct myself/ourselves during the Event with all due regard for my/our own safety and the safety of all participants, observers and bystanders; (ii) to comply with the directions and policies of all PGA and other Event organizers; and (iii) to immediately notify PGA and other Event organizers if I/we observe any unsafe condition or behavior during the Event; and
• I agree, on behalf of myself and any minor participant for whom I am the authorized parent/legal guardian, during the Event, to conduct myself/ourselves in a professional manner at all times and that I/we will not engage in any behavior that could negatively impact the Event or the image, reputation or business of the Released Parties.
• VOLUNTEERS (as applicable) – As a volunteer, I acknowledge and agree that I will be serving exclusively in a volunteer role and that I do not and will not have any employment relationship of any kind with the Host Entities or their subsidiary or affiliated entities.
• EVENT REFUNDS – In the event of inclement weather during or surrounding the Event, if the host course staff deems the golf course unplayable, PGA staff will work with the host course to provide rain checks, partial refunds, or full refunds depending on the nature of the situation and the host course’s policies. If nine holes of golf are completed by a participant, no refunds (either partial or full) or rain checks will be provided to such participant.